Martin v. Adams
Cases that cite this one
10 later published cases cite this decision.
- City of Kellogg v. Mission Mountain Interests Ltd., Co. (Idaho 2000)
- Cochran v. Posey (Pa. Super. Ct. 1941)
- Lynnhaven Beach & Park Co. v. Moore (Va. 1931)
- In re Allen (United States District Court for the Eastern District of Arkansas 1910)
- Hunter W. Finch & Co. v. Zenith Furnace Co. (Ill. App. Ct. 1909)
- In re Landis (District Court, E.D. Pennsylvania 1907)
- Windmuller v. Fleming (Ill. App. Ct. 1906)
- In re the Estate of Longer (Iowa 1899)
- State v. Wingfield (Mo. 1893)
- Hadfield v. Berry (Ill. App. Ct. 1888)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Although, in the written agreement, Benton and Martin “agree to sell” the property to Malone, and he “ agrees to purchase ” it, for a sum named, to be paid “ on or before the 15th of October next,” yet as the property was already in the possession of Malone, and nothing remained to be done by the vendors, and there is nothing to indicate that the title is not to pass till the happening of a future event, we think the fair interpretation is, that it is an agreement for a present sale.
The agreement of Malone to make the payment at the stipulated time, or return the property in good condition, free from debts contracted by him, is executory, and does not imply that he is to have no title in the mean time.
Judgment for the defendant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.